APPELLATE PRACTICE — Preliminary Objection — Nature and Effect — Termination of Appeal if Sustained
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Contract Resource Nig. Ltd & Anor v. UBA Plc (2011) NLC-123-292-2003(SC) at p. 1; Paras E—A:
"The purpose of a Preliminary objection is to contend that the appeal is defective or incompetent. If sustained the appeal would no longer be heard. A successful preliminary objection terminates the hearing of an appeal."
Explanation / Scope
This principle establishes that the purpose of a preliminary objection is to contend that an appeal is defective or incompetent, and if sustained, it terminates the hearing of the appeal. The principle applies in appellate practice. It ensures that defective appeals are disposed of early. The principle reflects the terminal effect of a successful objection. It prevents unnecessary hearing of incompetent appeals. The court must consider the objection first. The principle provides guidance on preliminary objections.